Gauhati High Court
No. S/355752H Hav/Orl. Diganta ... vs The Union Of India And 5 Ors on 17 November, 2021
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GAHC010031602016
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7269/2016
NO. S/355752H HAV/ORL. DIGANTA BARMAN
SIGNAL PLATOON HQ COY, 23 ASSAM RIFLES, C/O. 99 APO, S/O. LT.
RATNESWAR BARMAN, R/O. 8TH MILE GANESH MANDIR, P.O. AMERIGOG,
PIN. 781023, P.S. BASISTHA, DIST. KAMRUPMETROPOLITAN, ASSAM.
VERSUS
THE UNION OF INDIA and 5 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI-110001.
2:THE DIRECTOR GENERAL OF ASSAM RIFLES
DIRECTORATE GENERAL OF ASSAM RIFLES
SHILLONG-793011.
3:THE INSPECTOR GENERAL
ASSAM RIFLES
H/Q-9 SECTOR
C/O. 99 APO.
4:THE UNIT COMMANDANT
H/Q
23 ASSAM RIFLES
C/O. 99 APO.
5:THE DEPUTY INSPECTOR GENERAL
ASSAM RIFLES
H/Q.-9 SECTOR
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C/O. 99 APO.
6:THE DEPUTY COMMANDANT
23 ASSAM RIFLES
C/O. 99 APO
TRANSIT CAMP
KHANAPARA
GUWAHATI-781022
Advocate for the Petitioner : MR.M CHOUDHURY
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 17.11.2021
Heard Mr. B. Pathak, learned counsel for the petitioner. Also heard Ms. A.
Gayan, learned ASGI.
This relates to premature retirement of the petitioner on not reaching the
certain health bench mark which are called shape . There are different set .
Accordingly to the petitioner was declared to be in shape - 2(Permanent) and
on that ground he was sought to retire premature.
A joint statement has been made at the Bar that in such situation this
court held that so far relating to shape 2, it would be illegal to ask the person
to go on premature retirement. Such decision has been taken by this court in
WP(C) No. 1250/2015 (Sunil Kumar Shami Vs Union of India and ors) and
WP(C) No. 1421 /2017 (No. G/567021 Prodip Kumar Haloi Vs The Union of India
and ors, which reached to the Hon'ble Apex Court on appeal and vide judgment
dated 25.11.2016, the Hon'ble Apex court affirmed such finding. Subsequently
by another set of judgment, this court in the shape of order dated 12.2.2021
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took a similar view and interfered with the decision of the respondent
authorities to ask those petitioners in that case who were declared to be shape
2 low medical category and go on premature retirement. Subsequent to this
one circular has been issued by the respondent ,Assam Rifles following the
aforesaid judgment. Learned counsel for the petitioner submits that he is
covered by aforesaid judgment as well as notifications dated 6.9.2021 and
8.11.2021. It is also submitted that if the writ petition is disposed of in terms of
aforesaid judgment as well as communications dated 6.9.2021 and
8.11.2021.The petitioner will have no grievances . The learned counsel for
Assam Rifles fairly submits that the petitioner will be covered under the policy
letter dated 6.9.2021 and 8.11.2021.
In view of such submission this writ petition is disposed of with a direction
that the petitioner will be covered under the policy letter dated 6.9.2021 and
8.11.2021 bearing no. 1108/Retire pension/Policy/Lam-2021/961 and
I.1020/pen Sec/ 01 Dec 2021/0 68 dtd. 8.11.2021. The respondent authority
will do the needful in pursuance of this policy decision. Since the petitioner is
continuing in the strength of interim order he will be allowed to continue as
per the aforesaid policy. The aforesaid policies are kept in the record and
marked as 'X'
This disposed of the writ petition.
JUDGE
Comparing Assistant
